Indio Municipal Code Ch. 91 Ambulance Service

[1961 Code, § 2A.1; Ord. 360]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMBULANCE

Any vehicle designed, equipped and used to carry or transport sick or injured persons.

AMBULANCE DRIVER

Any person employed to drive or actually engaged in the driving of an ambulance.

AMBULANCE OPERATOR

Any person engaged in the business of carrying or transporting sick or injured persons by means of an ambulance.

Subchapter 2. Administration and Enforcement

[1961 Code, § 2A.2; Ord. 360]

The City Manager may promulgate a set of rules and regulations describing the duties and procedures to be observed and complied with by an ambulance driver or owner of a certificate of public convenience and necessity hereunder, which rules and regulations and any amendments thereof shall be subject to approval by the City Council. Such rules and regulations and amendments, when approved by the City Council by resolution and filed with the City Clerk, shall constitute enforceable provisions of this chapter and violations thereof shall be subject to the penalty provided by this chapter. Copies of such rules and regulations and any amendments thereof, shall be delivered to each owner of such certificate of public convenience and necessity at the time such certificate is granted.

Subchapter 3. Certificate of Public Convenience and Necessity

[1961 Code, § 2A.3; Ord. 360]

It shall be unlawful for any person to engage in the business of operating an ambulance within the city or from a point within the city to a point outside the city without first having obtained a permit to operate an ambulance authorized by the City Council upon application duly made in the manner herein provided and compliance by applicant with the requirements of this chapter; provided, that the City Council may deny such permit if it should determine that public convenience and necessity do not require the issuance thereof.

[1961 Code, § 2A.4; Ord. 360; Ord. 472]

All persons applying for a certificate as required by the preceding section, shall file with the City Clerk a verified application which shall set forth the following:

(A) The name, address, residence and citizenship status of person applying for such certificate of convenience and necessity.

(B) The location, description, capacity and hourly availability of ambulance or ambulance services owned or operated by operator.

(C) The make, model and distinguishing color scheme and design, including any monogram or insignia to be used on each ambulance.

(D) Such vehicle or vehicles intended to be used for ambulance service have been inspected by the City Manager and meet the requirements of § 91.33.

(E) That the license fee provided by § 91.26(B) has been deposited with the City Clerk.

(F) The experience of the applicant in the transportation and care of sick or injured persons.

(G) The names, addresses and experience in first aid of each driver or helper employed, or to immediately be employed, in the operation of such ambulance service, and the driving experience of such driver or helper.

(H) Description of central location or housing facilities where each ambulance is to be located, which housing facilities shall be subject to approval of the City Manager.

(I) That the applicant carries public liability insurance in a minimum amount of $1,000,000 combined single limit and agrees that such policy shall carry an endorsement protecting the city against any claims or demands as a result of persons injured or killed or property damaged as a result of the operation of the ambulance or ambulances operated by the applicant, a copy of such policy or policies to be deposited with the City Clerk together with an endorsement thereon, requiring the carrier to notify the city ten days in advance of an intended cancellation or any material change in such coverage.

(J) Acknowledge receipt of and agree to comply with the rules and regulations governing ambulances as provided by § 91.10.

[1961 Code, § 2A.5; Ord. 360]

(A) Upon filing of the fully completed application for the certificate of public convenience and necessity, the City Clerk shall fix the time for a public hearing thereon before the City Council for the purpose of determining whether the public convenience and necessity require the proposed ambulance service.

(B) Notice of the time and place of the public hearing before the city council shall be published once in a newspaper of general circulation in the city, such publication to be completed at least five days prior to the date of hearing, and the cost of publication shall be at the expense of the applicant.

[1961 Code, § 2A.6; Ord. 360]

In determining whether public convenience and necessity require the ambulance service for which the application is made, the City Council shall investigate and consider:

(A) The demand of the public for additional ambulance or ambulance services.

(B) The adequacy of the existing service, if any.

(C) The financial responsibility and experience of the applicant.

(D) The number, make and type of equipment and the color scheme to be used.

(E) The effect which additional ambulance service may have on traffic congestion and parking and whether it will result in a greater hazard to the public.

[1961 Code, § 2A.6; Ord. 360]

If the City Council shall, by resolution, declare that public convenience and necessity require the granting of such certificate, a certificate of convenience and necessity shall be issued to the applicant entitled thereto; provided, the City Council may in its discretion determine the character and number of certificates to be granted, and further provided, that no certificates authorized hereunder shall be issued to any person who shall not have fully complied with all the necessary requirements of this chapter.

[1961 Code, § 2A.7; Ord. 360]

Every person operating an ambulance or ambulance service prior to the effective date of this chapter shall be presumed to have established prima facie evidence of public convenience and necessity for the operation of his ambulance business and the number of ambulances actually in operation, and the City Council, upon written application received by it not later than 15 days after the effective date of this chapter shall grant a certificate to such owner for such ambulance or ambulances actually in operation.

[1961 Code, § 2A.9; Ord. 360; Ord. 665]

(A) Upon the filing of an application for a certificate of public convenience and necessity as provided in § 91.20, the applicant shall deposit with the City Clerk the amount of the license fee provided to be paid in § 91.26(B), which fee shall be held by the City Clerk until the City Council has authorized the granting of the certificate provided for in this chapter.

(B) The annual license fee, as established by resolution of the City Council, shall be in lieu of any other business license. The license shall expire on June 30 of each year, and no part shall be refundable in event of cessation of business for any cause.

(C) When the City Council has authorized the issuance of a certificate of public convenience and necessity, the City Clerk shall issue to the applicant both a permit and license certificate showing payment of the business license fee provided in division (B) of this section. The permit shall be in such form and of such material as the City Manager provides. The permit or certificate of public convenience and necessity shall be affixed to and prominently displayed on the rear of each vehicle as designated by the rules and regulations provided in § 91.10.

[1961 Code, § 2A.10; Ord. 360]

If an owner sells or transfers title to a vehicle for which a certificate has been issued, or in event an ambulance for which a certificate has been issued has been destroyed, he is entitled, as a matter of right, upon written application to the City Council made within 15 days after such sale, transfer or destruction, to have a new certificate issued, but for no greater number than sold, transferred or destroyed; and provided, that such owner has complied with all the provisions of this chapter.

[1961 Code, § 2A.11; Ord. 360]

If the service permitted under any certificate of convenience and necessity is for any reason discontinued by the holder for a period of 30 days, the certificate granted shall be automatically canceled and shall be restored only in accordance with the provisions of this subchapter.

[1961 Code, § 2A.11.A; Ord. 701]

In no event shall a certificate of public convenience and necessity issued under the provisions of this chapter be transferable. Upon any sale or transfer of a majority interest in a business, the applicant shall comply with the provisions of this chapter.

[1961 Code, § 2A.12; Ord. 360]

(A) The City Council shall act on an application for a certificate of public convenience and necessity by resolution and may deny any such application if, in its sound discretion, it determines that:

(1) There is a reasonable cause rendering the proposed operation undesirable or inadequate to the city.

(2) There is insufficient public need or demand for the proposed operation.

(3) The vehicles proposed to be operated under such certificate are inadequate or unsafe.

(4) The applicant has been convicted of a felony or the violation of a narcotic law or of any penal law involving moral turpitude or of any ordinance relating to frame or use of streets in the city.

(5) The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating an ambulance service in the city.

(B) The council may, by resolution, and after five days' written notice to an owner, suspend or revoke an owner's certificate of necessity for any of the grounds for which it may deny an application, and in addition thereto, it may suspend or revoke any owner's certificate of necessity for a violation of any of the provisions of this chapter, or for a failure to pay any judgment for damages arising from the operation of the vehicles, or any of them, for which the certificate of necessity was issued.

[1961 Code, § 2A.13; Ord. 360]

(A) The City Manager may at any time revoke or suspend the certificate granted pursuant to this subchapter:

(1) If the owner fails to operate such ambulance or ambulance service in accordance with the provisions of this chapter.

(2) If the owner discontinues or suspends operation of vehicles for a period of 30 days without permission first had and obtained.

(B) All certificates which shall have been suspended or revoked by the City Council, shall be surrendered to the City Clerk, and the operation of all vehicles covered by such certificate shall cease and be unlawful.

[1961 Code, § 2A.14; Ord. 360]

An applicant for a certificate of necessity authorized under this article who has been denied such certificate, or whose certificate has been suspended or revoked, pursuant to the provisions of this subchapter, shall have the right of appeal from such action to the City Council. Such appeal shall be in writing and shall be filed within ten days after the denial, revocation, or suspension with the City Clerk. Such appeal need not be in formal language, but shall state concisely the name of the appellant, the matter complained of, the name of the officer, employee, or department complained of, and the date of the denial, revocation, or suspension. The Clerk shall transmit such appeal to the Council at its next regular meeting, at which time the Council shall set a date for hearing and cause the Clerk to give notice of the time and place of such hearing to the appellant, who may appear in person or by counsel. The Council shall determine such appeal within 30 days after such hearing.

[1961 Code, § 2A.16; Ord. 360]

(A) All vehicles for which a certificate of public convenience and necessity has been issued shall be inspected by the City Manager or by such person or agency as may be designated by the City Manager at least once annually provided that the City Manager may require inspection more often if deemed necessary or upon complaint of any citizen.

(B) Upon the failure of any vehicle to pass inspection, the City Manager shall suspend the right to use such vehicle for ambulance purposes until such time as the same is brought up to standard.

Subchapter 4. Rates and Charges

[1961 Code, § 2A.15; Ord. 360]

The City Council may establish and keep on file with the City Clerk, a maximum rate schedule which may be charged by the owner of a certificate of public convenience and necessity hereunder within the city. Such rates may be established by resolution and may be changed from time to time. Copies of such rate schedules shall be posted in a conspicuous place in each ambulance and shall also be posted in the premises where such ambulances are stationed.

Subchapter 5. Ambulance Drivers

[1961 Code, § 2A.17; Ord. 360]

It shall be unlawful for any person to drive, operate or use any vehicle as an ambulance for pay or hire unless such person is the holder of a valid driver's permit issued to him in accordance with this chapter. No such permit shall be issued to any driver unless such applicant holds a valid chauffeur's license issued by the state. Such permit shall be issued by the City Clerk and in the form of a wallet card with photograph of the permittee and thumb print affixed, which must be carried by the driver at all times while operating an ambulance.

[1961 Code, § 2A.18; Ord. 360]

No ambulance driver's permit shall be issued to any person unless such person shall:

(A) Be age 21 years and over;

(B) Be of sound physique, good eyesight and not subject to epilepsy, vertigo, heart trouble, color blindness or other infirmity of body or mind, which might render him unfit for the safe operation of an ambulance;

(C) Be able to speak, read and write the English language;

(D) Not have been convicted of an offense involving moral turpitude, nor within a period of one year prior to application, have been convicted of the offense of reckless driving and/or driving while under the influence of intoxicating liquor, as these offenses are defined by the Vehicle Code of the state;

(E) Not be addicted to the use of intoxicating liquor or narcotics;

(F) Submit to fingerprinting by the Police Department and furnish full-face and profile photographs, two inches square, which shall be affixed to the application.

[1961 Code, § 2A.19; Ord. 360; Ord. 665]

Application for driver's permit under the provisions of § 91.55, shall be made to the Police Department and no permit shall be granted until payment of permit fee established by resolution of the City Council, has been paid to the City Clerk. The driver's permit shall expire on June 30 of each year. Provided that holders of a current and valid taxi driver's license, who have met the requirements of an ambulance driver, shall not be required to pay an additional fee for an ambulance driver's permit.

[1961 Code, § 2A.20; Ord. 360]

Any driver's permit issued pursuant to the provisions of this chapter shall be revoked or suspended by the City Manager either temporarily or permanently upon proof that the holder has been convicted of an offense involving driving a vehicle while under the influence of intoxicating liquor or while under the influence of a narcotic, or for reckless driving, as the same is defined by the Vehicle Code of the state, or while actually operating such ambulance while under influence of intoxicating liquor or a narcotic drug, or any other offense defined as a felony by the Penal Code or the Vehicle Code of the state.

[1961 Code, § 2A.21; Ord. 360]

No holder of a certificate of public convenience and necessity as provided herein, shall permit the operation of any ambulance in emergency service unless either the operator thereof or an attendant on duty therein possess a current advanced American Red Cross first aid certificate and is trained in the use of all resuscitation equipment installed in the ambulance.

[1961 Code, §§ 2A.22 and 2A.23; Ord. 984]

(A) It shall be unlawful for any owner or operator to drive or to operate an ambulance or cause the same to be driven or operated in the city and no license for the operation thereof shall be granted unless there is on file with the City Clerk and in full force and effect at all times while such ambulance is being operated, a policy of insurance approved by the City Attorney, with a solvent and responsible company authorized to do business in the state insuring the owner of such ambulance (giving the manufacturer number and state license number) against loss by reason of injury or damage that may result to persons or property from the negligent or defective construction of such ambulance, or for any other cause.

(B) The policy of insurance required by the preceding section shall guarantee the payment to any and all persons suffering injury or damage to person or property of any final judgment rendered against such owner or driver, within the limits mentioned in this section irrespective of the financial condition or any acts or omissions of such owner or driver, and shall ensure for the benefit of such persons. Such policy shall be in the amount of $1,000,000 combined single limit.